Coastal Refining & Marketing, Inc. v. Kaplan

In an action, inter alia, to recover damages for breach of contract and for indemnification, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Barone, J.), entered May 27,1999, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

*268The defendants made a prima facie showing that they had not engaged in culpable conduct with respect to the creation of the oil spill on their property (see, Mauro v McCrindle, 70 AD2d 77; cf., White v…